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On 14 July 2015, the Supreme Court of B.C. handed down an unprecedented judgment J.P. v. British Columbia (Children and Family Development), 2015 BCSC 1216. This is the first case in Canadian legal history in which child protection workers are found liable for misfeasance in public office, breach of fiduciary duty and breach of the standard of care. Litigations between JP and the MCFD are summarized in JP Aftermath. Our commentary on the Plecas Review Part 1: Decision Time was published on 4 January 2016. On 31 August 2017, the Court of Appeal for B.C. set aside the orders in the civil proceeding against the Director/Province, set aside the finding that Mr. Strickland committed misfeasance in public office, that the Director and her delegates breached their fiduciary duty to the children, and that the Director and her delegates breached the standard of care in the decisions they made with respect to the children while they were in her care.

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B.C. Reg. 323/2008

O.C. 794/2008
Deposited November 7, 2008

effective November 20, 2008

Social Workers Act

Social Workers Regulation

[includes amendments up to B.C. Reg. 53/2009, April 3, 2009]

Definition

1 In this regulation,"Act" means the Social Workers Act.

Oath of office

2 The oath of office set out in the Schedule is prescribed for the purpose of section 6 of the Act.

Title protection

3 The title "Registered Clinical Social Worker" is prescribed for the purpose of section 18 (1) (b) of the Act.

Exempt persons

4 (1)  In this section, "Nisga'a Nation" and "Nisga'a Village" have the same meanings as in the Nisga'a Final Agreement as defined in the Nisga'a Final Agreement Act.

(2)  The following persons are prescribed for the purpose of section 18 (2) of the Act:

(a) a person who is employed as a social worker by

(i)  Canada or the government or an agent of either,

(ii)  a board, commission or other body any member of which is appointed by Canada or the government,

(iii)  a municipality, regional district, regional health board or board of education,

(iv)  an Indian band, a tribal council, a treaty first nation, the Nisga'a Nation or a Nisga'a Village,

(v)  an agency, other than an adoption agency as defined in the Adoption Act, to whose staff is delegated any or all of a director's powers, duties or functions under the Child, Family and Community Service Act or the Adoption Act, or

(vi)  a society incorporated under the Society Act and approved by the director designated under the Child, Family and Community Service Act for the purpose of section 2 (1) (a) of the Society Act, or

(b) a person who teaches or is engaged in research as a social worker under an academic appointment or program in a university, college or institute.

[am. B.C. Reg. 53/2009.]

 

Schedule

OATH OF OFFICE FOR THE MEMBERS OF THE BOARD

OF THE BRITISH COLUMBIA COLLEGE OF SOCIAL WORKERS

I, ............................................................................................................................................................................[insert board member's name], do swear/solemnly affirm that:

1 I will abide by the Social Workers Act, its regulations and the bylaws of the College and I will faithfully discharge the duties of the position, according to the best of my ability.

2 I will act in accordance with the law and the public trust placed in me.

3 I will act to serve and protect the public and the public interest.

4 I will carry out the duties and objects of the College and ensure that I am guided by the public interest in the performance of my duties.

5 I will act honestly and with integrity and I will declare any private interests, memberships and affiliations relating to my duties as a board member and take steps to resolve any conflicts arising in a way that protects the public interest.

6 I will safeguard confidential information, not divulging it unless I am either authorized or required to do so by law.

Sworn/Affirmed by me, at ............................................................................................................................[place], on ..................................................[date].

...........................................................................................

[Signature of person swearing/affirming oath]

......................................................................................................................

[Signature of person administering oath].

[Provisions of the Social Workers Act, S.B.C. 2008, c. 31, relevant to the enactment of this regulation: section 50]